BY NARSHIMA PRASAD Vs. M VEERAPPA

JUDGEMENT

(1.) This petition for special leave to appeal arises from an eviction proceeding. The 2nd Additional Small Causes Judge, Bangalore, held that the eviction petition (HRC No.422/99) filed against respondent no. 1 was not maintainable under the Karnataka Rent Act, 1999 because the proceeding was instituted within the period of 15 years since the suit house was subjected to substantial renovation and additional construction as provided under Section 2(3) (f) of the Act.

(2.) In revision, the High Court affirmed the view taken by the trial court vide order dated 22 June, 2006 in House Rent Revision Petition No.554 of 2005. The petitioner seeks leave to file appeal against the High Court order.

(3.) The facts of the case are brief and may be stated thus. The suit premises belonged to one Shankar Narayan Rao (now deceased). He inducted respondent No.1 as a tenant in the house in the year 1976. At that time it was a single storey house without any garage as an appurtenance. In the year 1988, on the request of the tenant, another storey was added and a garage was also constructed on the ground floor. Respondent No.1 then came to occupy as tenant, the entire premises, that is to say, the ground floor and the newly added first floor and the garage on a monthly rental of Rs.2500/-.